TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 89

APPENDIX II

Regulations applied to public officers in Hong Kong in lieu of Regulations 54-66

"54. (1) Regulations 54 to 66 shall apply only to officers confirmed to the pensionable establishment,

(2) Disciplinary procedure in relation to other officers shall be carried out in accordance with regulations made by the Governor.

(3) For the purposes of regulations 56 to 66, punishment includes dismissal, fine, reduction in rank, severe reprimand, reprimand, stoppage or deferment of increments and reduction in salary, but not retirement in the public interest under regulation 59.

(4) Regulations 55 to 66 are without prejudice to any law providing for the punishment of officers by the Governor or any other officer or authority. (5) The Governor may delegate to any public officer any of the powers or duties conferred or imposed upon him by regulations 56 to 66, save that he shall not delegate the power to make regulations, to dismiss an officer or to require him to retire under regulation 59.

55. An officer holds office subject to the pleasure of the Crown, and the pleasure of the Crown that he should no longer hold it may be signified through the Secretary of State, in which case no special formalities are required.

56. (1) If it is represented to the Governor that an officer has been guilty of misconduct, and the Governor is of opinion that the misconduct alleged is not serious enough to warrant proceedings under regulation 57, he may cause an investigation to be made into the officer's conduct in such manner as may be prescribed by regulations made by the Governor and approved by the Secretary of State.

(2) If after such investigation the Governor is of opinion that the officer has been guilty of misconduct, he may inflict such punishment, other than dismissal, upon the officer as may seem to him to be just.

57, (1) If it is represented to the Governor that an officer has been guilty of misconduct, and the Governor is of opinion that the misconduct alleged may be serious enough to warrant the dismissal of the officer, he may cause an investigation to be made into the officer's conduct in such manner as may be prescribed by regulations made by the Governor and approved by the Secretary of State,

(2) If after such investigation the Clovernor is of opinion that the officer has been guilty of miscondut, he may inflict such punishment upon the officer as may seem to him to be just,

58. If an officer has been convicted on a criminal charge the Governor may, upon a consideration of the proceedings of the Court on such charge, inflict such punishment upon the officer as may seem to him to be just, without any further proceedings.

59, (1) The Governor may at any time, if it is represented to him that the retirement of an officer is desirable in the public interest, call for a report from the heads of the departments in which the officer has served and shall afford the officer an opportunity of submitting a reply to the grounds on which his retirement is contemplated.

(2) The Governor may, upon a consideration of the report and of any reply submitted under paragraph (1) of this regulation, require the officer to retire from the service, if he is of opinion that, having regard to condi- tions of the public service, the usefulness of the officer thereto and all other circumstances of the ease, the termination of the officer's service is desirable in the public interest and his servico shall accordingly terminate on such date as the Governor may specify.

(3) If upon consideration of

(a) an investigation into the conduct of an officer under regulation 56

or 57; or

(b) the proceedings of a court by which an officer has been convicted of

a criminal charge,

the Governor is of opinion that the officer does not deserve to be punished but that the investigation or proceedings disclose grounds for requiring him to retire in the public interest, the Governor may require the officer to retire from the service under this regulation, and in such a case it shall not be necessary for the Governor to comply with the procedure prescribed in paragraphs (1) and (2) of this regulation,

(4) Where an officer is required to retire under this regulation, he may be granted a pension, gratuity or other allowance in accordance with any pensions law for the time being in force in the Territory.

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